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Compromise Aggreeement

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  • Compromise Aggreeement

    I came to a compromise agreement to avoid a constructive dismissal case. Basically, my previous employer was sold and has now been renamed. I recieved a letter today to advise me that part of my settlement agreement is being withdrawn (life time discount). Can they do this? Is was the most important to me due to the financial saving. I had worked for them over 20 years and they made a number of errors including the management of my redundancy. Hence e agreement. I basically only wanted what was due to me I.e. my redundancy package so, I wasn't unreasonable! Feeling stressed. This was an awful part of my working life.
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  • #2
    Re: Compromise Aggreeement

    Originally posted by carolinej0j0 View Post
    I came to a compromise agreement to avoid a constructive dismissal case. Basically, my previous employer was sold and has now been renamed. I recieved a letter today to advise me that part of my settlement agreement is being withdrawn (life time discount). Can they do this? Is was the most important to me due to the financial saving. I had worked for them over 20 years and they made a number of errors including the management of my redundancy. Hence e agreement. I basically only wanted what was due to me I.e. my redundancy package so, I wasn't unreasonable! Feeling stressed. This was an awful part of my working life.
    I think there's a Beagler who's an expert on employment law who will be ablke to confirm Caroline but if the agreement has been signed by both parties Im sure the answer to your question is NO. The company that took over your employer will be liable for all their obligations. Did you get legal advise before you signed the agrement?

    QCK

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    • #3
      Re: Compromise Aggreeement

      Originally posted by carolinej0j0 View Post
      I came to a compromise agreement to avoid a constructive dismissal case. Basically, my previous employer was sold and has now been renamed. I recieved a letter today to advise me that part of my settlement agreement is being withdrawn (life time discount). Can they do this? Is was the most important to me due to the financial saving. I had worked for them over 20 years and they made a number of errors including the management of my redundancy. Hence e agreement. I basically only wanted what was due to me I.e. my redundancy package so, I wasn't unreasonable! Feeling stressed. This was an awful part of my working life.
      Did you have expert legal advice for the compromise agreement, as per the Employment Rights Act 1996?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

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      • #4
        Re: Compromise Aggreeement

        Originally posted by carolinej0j0 View Post
        I came to a compromise agreement to avoid a constructive dismissal case. Basically, my previous employer was sold and has now been renamed. I recieved a letter today to advise me that part of my settlement agreement is being withdrawn (life time discount). Can they do this? Is was the most important to me due to the financial saving. I had worked for them over 20 years and they made a number of errors including the management of my redundancy. Hence e agreement. I basically only wanted what was due to me I.e. my redundancy package so, I wasn't unreasonable! Feeling stressed. This was an awful part of my working life.
        Was your agreement done through ACAS and/or a solicitor? I once entered into such an agreement but it was drawn up by my legal representative and ACAS were involved. It was different in that it consisted of a small commercial settlement and an agreed reference and was supposed to be binding on both parties for five years. ACAS settlements ARE legally binding: http://www.acas.org.uk/index.aspx?articleid=2635

        Constructive dismissal cases have a very low success rate, estimated at just around 3% However, employers often find it easier and cheaper to offer a settlement than to hire lawyers and put a case together. A friend of mine submitted a constructive dismissal claim in 2008 and was also offered a small settlement and an agreed reference (mine was for unfair dismissal).

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        • #5
          Re: Compromise Aggreeement

          Originally posted by QCKate View Post
          I think there's a Beagler who's an expert on employment law who will be ablke to confirm Caroline but if the agreement has been signed by both parties Im sure the answer to your question is NO. The company that took over your employer will be liable for all their obligations. Did you get legal advise before you signed the agrement?

          QCK
          Apparently the emplyment expert I was thinking of may not be on LB any more. Sorry about that but theres plenty more peolpe with good advice, as yo will have seen.

          QCK

          Comment


          • #6
            Re: Compromise Aggreeement

            Originally posted by carolinej0j0 View Post
            I came to a compromise agreement to avoid a constructive dismissal case. Basically, my previous employer was sold and has now been renamed. I recieved a letter today to advise me that part of my settlement agreement is being withdrawn (life time discount). Can they do this? Is was the most important to me due to the financial saving. I had worked for them over 20 years and they made a number of errors including the management of my redundancy. Hence e agreement. I basically only wanted what was due to me I.e. my redundancy package so, I wasn't unreasonable! Feeling stressed. This was an awful part of my working life.

            If you can answer the questions that others have put forward, then we can give you an answer.
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